TENANT NUISANCES

Eviction Warrant Vacated Under CEEFPA Despite Default Judgment Based on Nuisance

March 29, 2021    

Landlord sued to evict rent-stabilized tenant and her adult son for creating a nuisance in her apartment. In November 2019, tenant and landlord signed a court-ordered settlement agreement. In September 2019, the...

Tenant's Roommate Ordered to Wear Mask in Building

January 26, 2021    

Landlord sued tenant Tobi and his roommate Lilley in State Supreme Court, claiming nuisance and refusal to grant access for repairs. Landlord sought a preliminary order: (a) directing tenant Tobi to grant access to...

Smoking by Rent-Stabilized Tenants Didn't Create a Nuisance

January 26, 2021    

Landlord sued to evict rent-stabilized tenants for creating a nuisance by smoking cigarettes inside their apartment. Tenants asked the court to dismiss the case without a trial. The court ruled for tenants. Landlord...

Tenant Violated Agreement to Stop Harassing Other Tenants

January 25, 2021    

Landlord sued to evict tenant for creating a nuisance by objectionable conduct. Landlord and tenant signed a probationary settlement agreement in court. Tenant agreed to refrain from harassing other tenants in the...

Tenants Created Nuisance Through Continued Loud Arguing

January 25, 2021    

Landlord sued to evict rent-controlled tenants for permitting a nuisance due to "loud and furious arguments featuring excessive profanity and abusive language" occurring on 16 specific occasions during five...

Landlord Can't Bar Former Employee Who Lived with Tenant from Building

December 8, 2020    

Landlord sued tenant and her roommate-boyfriend for creating a nuisance and asked the court to grant a preliminary injunction barring the boyfriend from the building. The boyfriend was formerly employed as the...

Court Settlement Vacated for Tenant Who Needed Guardian

October 28, 2020    

Landlord sued to evict Section 8 tenant based on a substantial violation of tenant's lease obligations. Landlord claimed that tenant created a nuisance by maintaining "Collyer" conditions at the...

Public Housing Tenant's Conduct Didn't Warrant Eviction

September 21, 2020    

Landlord Tuckahoe Housing Authority (THA) sent public housing tenant a lease termination notice, then held a grievance hearing at tenant's request.  THA ruled that tenant had violated her lease, and...

Landlord Can Seek Tenant's Eviction Based on Overcrowding

September 21, 2020    

Landlord sued to evict rent-stabilized tenant for breaching a substantial obligation of her tenancy by "overcrowding" her apartment in violation of Housing Maintenance Code (HMC) Section 27-2075. The court...

Landlord Must Send Tenant a Notice to Cure in Nuisance Case

July 21, 2020    

Landlord sued to evict rent-stabilized tenant for committing or permitting a nuisance in his apartment by pouring or allowing a noxious liquid believed to be chlorine to leak on the floor, down radiator pipes, and...

Eviction Case Against Shareholder Tenant Was Brought in Bad Faith

June 26, 2020    

Landlord co-op board sued to evict shareholder tenant's proprietary lease after finding that tenant created a nuisance or objectionable conduct by using the apartment for short-term sublet rentals. The court...

Landlord Can't Prove Tenants Breached Court Stipulation Promising Not to Smoke

June 25, 2020    

Landlord sued to evict tenants for smoking in their apartment. Landlord and tenants signed a settlement agreement in court. Tenants agreed to refrain from smoking or to permit any visitors to smoke in their apartment...